Gopal Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47313 of 2018 Arising Out of PS.Case No. -606 Year- 2017 Thana -COMPLAINT CASE District- LAKHISARAI ======================================================
1. Gopal Yadav, Son of Late Mani Yadav,
2. Dina Rai, Son of Parmeshwar Rai
3. Lalan Yadav, Son of Sadhu Yadav
4. Dinesh Mahto, Son of Late Chandrika Mahto, All resident of Village- Itaun, Police Station- Chanan, District- Lakhisarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Rudo Devi, Wife of Mathura Yadav, resident of Village- Itaun, Police Station- Chanan, District- Lakhisarai.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate. For the Opposite Party/s : Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Complaint Case No. 606 C of 2017 instituted for the offence under Sections 323, 504, 376, 511, 379 of the Indian Penal Code, but learned Magistrate took cognizance under Sections 323, 379 and 504/34 Indian penal Code.
It has been submitted that petitioners and informant are close Pattidar. There is land dispute between them. It has further been submitted that the instant case is counter blast of Chanan P.S. Case No.105 of 2017 filed by petitioner No. 1 against
Patna High Court Cr.Misc. No.47313 of 2018 (2) dt.29-08-2018 2/3 the complainant and others. On 02.09.2017 First Information Report vide Chanan P.S. Case No. 102 of 2017 was lodged by wife of petitioner No. 1 against the son and husband of the complainant.
In the instant case there is general and omnibus allegation against the petitioners that they assaulted the complainant and snatched her ear ring (tops). Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Complaint Case No. 606 C of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with
Patna High Court Cr.Misc. No.47313 of 2018 (2) dt.29-08-2018 3/3 the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T